British American Tobacco Invalidates Philip Morris' E-Cig IP

By Bonnie Eslinger (July 14, 2021, 6:27 PM BST) -- A judge invalidated four Philip Morris patents for e-cigarette technology, siding with British American Tobacco on Wednesday and ruling that the developments were obvious in light of earlier advances.

The patents held by a Philip Morris International unit for a form of vaping technology "all lack an inventive step," High Court Judge Marcus Smith ruled.

As a result, he invalidated four patents for a "heated smoking system with [an] improved heater" that creates a tobacco "aerosol" through the use of an electrically powered device. The patents purportedly disclosed two aspects of the same invention: a heating element that acts as both a heater and...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!